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Legal Expertise > Entrepreneurs (Traders & Investors)

E-1 and E-2 Visas

Immigration Attorney Investor Visa Denver

The Treaty Trader (E-1) and Treaty Investor (E-2) are temporary visas and very advantageous to those entering the U.S. who do not have or wish to have a U.S. employer sponsor them for a work visa and those with entrepreneur interests. In these types of visas, a foreign national can petition themselves or “self-petition” for the requested visa. This is especially advantageous for self-starter business persons who either start a business or purchase an existing business in the United States.

There are many requirements for both the E-1 or E-2. To start with, the foreign national individual or corporation must be a national of a country with an existing trade/investment treaty with the U.S. Please click here for a list of countries that are eligible for an E-1 and/or an E-2.

E-2 Investor Visa

First, you must be a national of a country with a qualifying E-2 treaty with the United States. Please refer to the U.S. Department of State website for a most recent list.

If your country and the U.S. have the requisite treaty, then the following requirements must be met in order to obtain an E-2 visa:

• Applicant is a national of the treaty country
• Majority ownership (50%) of the U.S. company by the foreign national
• Owner must direct and develop the business
• Investment must be qualifying investment—controlled, at risk, committed, substantial
• Investment must not be marginal
• Business must be operational/almost operational

An E-2 visa is valid for two years and can be renewed indefinitely. The spouse and children of an E-2 visa holder also hold E-2 visa status and the spouse can obtain work authorization or a “work card” as a result. Essential foreign workers can also obtain E-2 status and must qualify in their own right for such a visa. For further information, you can refer to the U.S. Department of State website

An explanation of these requirements necessitates an immigration attorney’s expertise as the requirements can vary some depending on the type of business being invested in (Internet services versus traditional services or manufacturing) and the U.S. Consulate the foreign national is applying through. Most likely, the expertise of other individuals such as international tax accountants, corporate setup attorneys and foreign investment experts are likely and our office can be of service in this capacity as well, given our expertise with E-2s.

If you wish to invest in Colorado or anywhere in the United States and have questions about the E-2 Treaty Investor visa, contact Denver immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 720-432-VISA.

E-1 Treaty Trader Visa

An E-1 visa is a temporary visa for someone who may not have a substantial investment but trades either goods or services between his/her home country and the United States.

As with an E-2, a valid treaty must first exist between the Applicant’s country of nationality and the United States. Please refer to the U.S. Department of State link for a most recent list.

If your country and the U.S. have the requisite treaty, then the following requirements must be met in order to obtain an E-1 visa:

• Applicant is national of the treaty country
• Trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country.
• Majority ownership (50%) of the U.S. company by the foreign national
• Trade must be substantial between the U.S. and home country
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant’s nationality.
• Applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills

A thorough explanation of these requirements requires an immigration attorney’s expertise as the requirements can vary some depending on the type of business being invested in (Internet services versus traditional services or manufacturing) and the U.S. Consulate the foreign national is applying through. Most likely, the expertise of other individuals such as international tax accountants, corporate setup attorneys and foreign investment experts are likely and our office can be of service in this capacity as well, given our expertise with E-1s and E-2s.

An E-1 visa is valid for two years and can be renewed indefinitely. The spouse and children of an E-1 visa holder also hold E-1 visa status and the spouse can obtain work authorization or a “work card” as a result. Essential foreign workers can also obtain E-1 status and must qualify in their own right for such a visa.

If you wish to trade in goods or services in Colorado or anywhere in the United States and have questions about the E-1 visa, contact Denver immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.

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The Entrepreneur Permanent Visa (Green Card): EB-5 Investor

Colorado Immigration Attorney Investor Green Card Denver

An Entrepreneur Permanent Visa (Green Card) refers to the 5^th Preference Category under employment-based immigrant visas. Any foreign national, regardless of nationality, who has the interest and capital to invest a significant amount of money into a new U.S. enterprise (for-profit), is eligible. It is a very complex and “document-heavy” visa, but can provide a good option to obtain permanent residence in the U.S., especially for those with no family in the U.S. who do not wish to be employees of U.S. companies.

To be eligible, the following requirements must be met:

• Person must invest in a new commercial enterprise. Commercial enterprise includes a broad spectrum of business relationships including limited partnerships, holding companies and their wholly owned subsidiaries, provided they are all for-profit business operations.
  • Investor does not have to “establish” the commercial enterprise. He satisfies the statute if he “invests” in a new commercial enterprise. A new commercial enterprise includes a company formed after Nov. 29, 1990, OR a company formed before Nov. 29, 1990, if it has been restructured or reorganized so that a new commercial enterprise results or it has been expanded so that a substantial change in the net worth or number of employees has occurred.
• What Qualifies as Investment: Cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the entrepreneur, provided that the entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise are not used to secure any of the indebtedness.
• Timing of Investment: USCIS position that investment (all of it) must be at risk at time of FILING.
• Source of Funds: Must prove source of funds and come from legitimate sources. The Applicant must establish that the investment comes from accounts under his name.
• Employment Creation: Must create new full-time employment (35 hrs per week) for at least 10 qualifying USC or immigrant workers within two-year CR period. Independent contractors are not considered employees.
• Benefiting U.S. Economy: This seems logical from the investment amount and job creation but USCIS takes the position it is a separate requirement, meaning beyond 10 U.S. jobs created, what other benefit to U.S. economy? The issue of some regulations restricting foreign investments in aviation, banking, shipping, communications, land use, energy resources, and government contracting may come into play here.
• Petitioner Engaged in Business on day-to-day basis or through policy formation

A Pilot Program was created for immigrant investors and entrepreneurs permitting the investment in a U.S. enterprise to be done via a regional center where the U.S. enterprise is located. The program has now been extended through 2012.

The Investor must meet all the other criteria above except that the job creation component does not need to be 10 direct full-time employees, but indirect or direct employment can suffice. This can include, for instance, independent contractors.

In addition, the threshold investment amount is reduced to a $500,000 capital contribution if the designated regional center allocates portions of the capital in the form of business loans to small business within the targeted area.

If you wish to invest in Colorado or anywhere in the United States and have questions about the Entrepreneur visa, contact Denver immigration attorney Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.

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